FILMING OPERATIONS

- TERMS AND CONDITIONS -

The following Terms and Conditions apply to filming operations when no post-production is required.

These terms supersede all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, dated and agreed upon by both the Client and Jack Smithies Wedding Films shall be recognised as amendments to these terms.

A booking fee of 25% of the package cost is required. Upon receipt of the booking fee, Jack Smithies Wedding Films will reserve the time and date agreed upon, and will not make other reservations for that time and date. Payment of the booking fee also reflects your agreement to these Terms and Conditions.

Standard 14 day cooling off period applies with your right to cancel with full refund of any monies given minus any admin / travel costs that may have incurred. In the event that the Client cancels outside of this 14 day period the booking fee will be forfeited. If the Client cancels within six weeks of the wedding the full payment must still be paid. In some circumstances where the Client cancels services, special permission may be granted by Jack Smithies Wedding Films to return all or part of all money received as well as cancel future payments. This permission will only be granted in rare circumstances based on sufficient reason given by the Client and may be subject to evidence.

The Client understands and agrees that the entire amount owed for the wedding videography package is due no later than 14 days before the wedding day unless the Client has written consent from Jack Smithies Wedding Films.

The Client is responsible for the costs of any accommodation required by Jack Smithies Wedding Films if prior discussed and deemed necessary.

It is understood that Jack Smithies Wedding Films is the exclusive videographer retained by the Client to film the outlined event. Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the Client.

Although all video masters, raw footage, sound files and photographs will be handed to the client in a pre-agreed format, Jack Smithies Wedding Films reserves the right to hold a copy of those files to use for display and/or promotional purposes. Due to this, Jack Smithies Wedding Films may not be able to hand over recordings on the day of the event but will however transfer them to the Client within a pre-agreed time-frame but no later than 14 days after the event.

Jack Smithies Wedding Films must be reimbursed for any financial loss due to the handing over of recordings, such as loss of memory cards, hard drives or fees for online delivery, unless prior discussed and agreed upon.

Jack Smithies Wedding Films will establish an arrival time for the wedding date with the Client prior to that date and remain on duty for the number of hours included in the package. Coverage hours included in the package are for the wedding date only and must be consecutive.

The Client acknowledges that Jack Smithies Wedding Films services are of a unique and artistic nature; that the footage may be different from footage obtained by the company in the past and that Jack Smithies Wedding Films will use creative and artistic judgment when filming the event, which may be different from the Clients’ vision.

The Client understands that Jack Smithies Wedding Films is not at fault for any lower quality recordings due to limitations beyond their control, such as poor audio if any subject does not agree to wear a microphone or dark and grainy video from inadequate lighting. This also applies to any electrical or mechanical malfunctions on location although Jack Smithies Wedding Films will provide at least one backup of any vital recording devices.

The Client must not claim that they have recorded the footage themselves and must credit Jack Smithies Wedding Films when it may be perceived by others that they have done so, such as in promotion of their own videography business or sharing alongside their own work on their website or social media. Additionally, the Client may not use any of the footage to purposely tarnish the reputation of Jack Smithies Wedding Films.

The Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Jack Smithies Wedding Films at any public or private event. The Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions.

Jack Smithies Wedding Films cannot place an unconditional guarantee of the inclusion of every event and every guest in the wedding film, even those specifically requested by the Client although every effort will be taken to do so.

Jack Smithies Wedding Films will not tolerate any level of verbal or physical abuse or aggression. Either will result in the immediate suspension of coverage.

If the date of the event is postponed due to a catastrophic event such as war, terrorism, natural disaster, act of government, plague or epidemic, then Jack Smithies Wedding Films still maintains the rights to fulfil the contract on the newly arranged date. If, as a result of date alteration, Jack Smithies Wedding Films is unable to attend, a replacement videographer may be offered to attend on behalf of Jack Smithies Wedding Films or a full refund will be offered of all monies received. A complete cancellation for any reason is deemed a decision made by the Client and therefore normal cancellation procedure applies unless special permission is granted by Jack Smithies Wedding Films.

If Jack Smithies Wedding Films fails to comply with the terms of this agreement due to any event, including but not limited to illness, accident, labour disputes, catastrophes, or uncontrollable and unforeseeable equipment failure, Jack Smithies Wedding Films’ liability is limited only to a refund of all monies received.

You provide Jack Smithies Wedding Films explicit consent to contact you regarding the currently booked service and other potential services that we offer in order to conduct our business to the fullest of its ability. Your personal data, such as your name, may be used in areas such as on our own website and associated advertisement material, social media websites, and any testimonials provided by the Clients. If relevant, you provide explicit consent for Jack Smithies Wedding Films and staff to share personal data such as names and images to suppliers in order to manufacture and create additional products that you may have ordered. No personal data stored with Jack Smithies Wedding Films of the Client shall be given or sold to any third parties who do not directly tie in with the day to day operation of Jack Smithies Wedding Films and its business. In the event you wish for personal data to be viewed, erased, or moved to another party, Jack Smithies Wedding Films is obliged to do so with a written request to jacksmithiesfilms@gmail.com.

If any provision of this agreement is held to be invalid or unenforceable under law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

Last updated: March 2021